Medical Malpractice Damage Caps By State

Compare medical malpractice damage caps across the U.S. Hover over any state for economic and noneconomic damage caps and click for more detailed information. Scroll down for a list of caps by state.

Medical malpractice suits have been blamed for rising health care costs, as physicians have had to purchase more expensive insurance policies in order to protect themselves from high jury awards. To some degree, allowing medical malpractice lawsuits is necessary to protect patients from negligence by doctors, but most states have decided that there is a reasonable limit to what a patient should receive if they’re injured by a doctor’s negligence.

Only 16 states have not enacted legislation placing caps on medical malpractice claims. Twenty-nine states have placed limits on noneconomic damages only. In those states, there is a cap on what can be awarded for things like pain and suffering, but there is still no limit to what a patient can recover for verifiable economic losses like medical costs and lost incomes. In the remaining five states, there is a single umbrella limit on all damages, both economic and noneconomic. These caps range from $250,000 in Indiana to $2.5 million in Nebraska.
Click a state for more information